TITE SHNDAY OREGOKTAK. POTTTLAND, JANUARY MR. THACHER CITES LAPSES MM Criminologist Reveals Folly Fixing Details of Event 1200 Days Old. of SIERKS' ACTION EXPECTED Repudiation of Confession Looked J or and Psychological Teaching Vncovrred t'asic.-t Way for Weak Mentality Is Noted. - 8T GEORGE A. THACHEIt. - . At tho time John G. 1L Slerks made his confession 01 killing Mrs. Wehr man and ber little boy I said in my description of tne event that I doubted lb accuracy of the details, though I believed his admission of the central facta. I had doubts of his details for two reasons. The first is that no nor mal man has such a memory that h can rive accurately the details of any occurrance that is a few weeks in th put. Muensterbcrg, the Harvard professor or psychology. In his book, "On the Witness Stand." gives many Instances of the natural lapses of memory about events of recent occurrence, and the psychologists have made experiments enough to reduce the matter to hours. Of course, some events are photo graphed or Impressed on the mind in iuch m way that they are remembered indefinitely, but even here the details r forgotten. My memory is better than the aver use, but two little Incidents show how details slip out of mind. Some three weeks ago on two nights in succession J was roused after midnight by some one ...igins the doorbell, and I wen downstairs, to find a drunken man one case, while the errand of the other was a disagreeable one. Anythim this sort is unusual, and while I re member the central facts. I could not identify the men and I don't remember ' the day of the week or month. Slrrka' Caa Recalled. TeMerday a reporter asked me if mr brief and discussion of the Pender rase, published. January 2. was written before I knew anything about John Slrrks. I said that a question was a.ked in the transcript as to the time that he was ifnt to the asylum, which arousrd my curiosity, but that I could tiot say positively whether my article was typed before I heard from Dr. Sterner through Mr. MacLaren or not. Mr. Cornish was present and he said lHn't yon remember that you tele phoned me New ) ear s -eve that you had a type copy ready?" (I had prora ted him a copy and we were going to rompar- It.) I then said yes. and did not see Mr. MacLaren nor hear from him until the next day. That settled the fact that I write the article before I heard any details about John Slerka. I am certain that any man who is honest with himself will admit that, even with events of great Interert, It Is Impossible as a rule to fix the exact time of their occurrence or to give perfectly accurate details. If this la true of particular events of interest, it I evident that the ordinary occurrences leave no sharply-defined Impression at all. This, where short periods have elapsed, but where weeks are extended to months and then months extended to one year, to two years, to three years and. in the case of this murder, to three years and four months, what hope can there b- of getting accurate details? And yet men pretend to believe that they can remember trivial details for this period of 1200 days. In an evening paper Thursday It was stated that the men at the ranch where John Slerks worked near Hillsboro said that at that time, which is over 1200 days ago. they were certain that John went to bed early and that he did not get up soon after and go out. because they would have remembered It if he had. ''an hman folly go farmer tnan to make such a statment. unless it is done with the deliberate Intent to prove an alibi, regardless of the facts? jonn s father says the boy would go away from home and stay all night and they would not know where ho was. And vet at Schmidt's place, where he was merely a hired hand, they assert to be certain where he waa 1200 nights ago. If it was in Atlanta we could account for It. but in Oregon . Aaolhrr Iastaaee Given. Another Instance of the folly of try ing to fix dates 1200 days ago, or rath er some soo days after the event, by memorv alone. Detective Levlngs, a man of professional skill, hired by Columbia Countr authorities to Inves tigate this Wehrman murder, together with Sheriff Thompson and sneriri Ste vens, visited the Riley and Hassen cabin to settle a point about the re volver which possibly hsd been used to commit the murder. They testified In court that they did this on Septem ber 17. but after referring to memo tanda they admitted In court that they believed they were mistaken and that this visit was made two days later, or on September 19. They were not at a'l discredited by thnt admission: they were simply recognized as honest enough to admit that their memories bad lapsed in a matter of detail a lit tle more than .wo years after the event. Yet it is seriously maintained by In telligent men that If this feeble-minded man's actions of 1200 days ago can not be checked up to the day and hour as he now confesses them that his whole confession Is a fraud. "Consistency, thou art a Jewel!" The second reason for not believing John's account of details In his con fession is that he has a somewhat de fective memory, as all men of his type possess. It Is an Intellectual Impos sibility for John to say Just when he left Schmidt's place. He may have gona on Sunday Instead of Labor day. tor assuredly 1200 days after the event neither John nor anyone else can re tall his actions on a particular day. Kor that matter, no one knows when Mrs. Wehrman waa killed. It may have been either Sunday or Monday. Same I-aw f Mesaery Applied. The same law of memory applies to :i details In his confession, though the fact of his going and his object always would be distinctly remem bered. John has repudiated his confession, as waa to be expected. There is a psychological point here of interest. Men sometimes confess to deeds thay never did. but when they do that they are anxious to be believed. They have a form of obsession wl ich drives them to call attention to tha fact that they have done a thing concerning which there Is great public interest. They ,k to give it: John did not. They rling to it and seek to be believed, but John got scared and wrote his father that be did the dirty trick and would them once mora only and then good-bye. The next morning he re pudiated hia confession. It waa the easiest way for his weak mentality. Judsed by other rasea of confessions of deeds never done, this repudiation ( In less than three days indicates strongly that the confession was true. One more point, people who refused to accept the confession as true, should not attempt to prove that the confes sion waa untrue by accepting as en tirely true the repudiation of that con fession. Case la Iaterestlag to Watrh. John is in the light now and he will miss the attention he has been receiving, so it's a fair chance that, in child fashion, he may have further details to give. It will be interesting to watch the workings of ths curious type of child and man. .Some 25 years ago when Dr. Cronin was murdered in Chicago the prosecut ing officer of Cook County in. his open ing address to the jury defined cir cumstantial evidence elaborately. Ho said that the witness who saw a re volver fired and a man drop deaa was furnishing circumstantial evidence be cause he did not see the bullet leave the barrel, and for aught he Knew, me man might have dropped dead from heart disease at the report. However, as circumstantial evidence this would be of the highest type, because oroi narily men know that a report in dicates that a loaded cartridge has been fired and if the bullet is found in the man'a body the chain becomes complete. , There was no such circumstantial evidence in the Pender trial: that was i all the vaguest lnlerence irom .eiai ' to finish. Inquiry Started 30 Days Ago. in the Investigation which I began mnm r.n iv ifo I have worked to secure circumstantial evidence which could not be overlooked nor distorted v5Hwl The character of the T.,rAmr which was not a sadistic murder! is a case in point. That is circumstantial evidence of the highest Tne lack of moral sense of the man onmmittml the murder is an AKvlnn, fnrt. Th lack of moral sense of John ci,u. which his father vouches for, i a aien rrumstantial evidence of the highest order, unless there is another like him in the neighborhood of the Wehrman place. Facta l'u e Established, These facts can be established at .. nm. .nH when the connecting links are'forged by checking up details there will be not a mass ot inierencea, but an unbreakable chain. It is to be feared from expressions of opinion especially in coiumoia ty that the people don't want good circumstantial evidence. What they want Is a mass of confusing facts and inferences which will permit them to Justify themselves In demanding as i fimu ti man who is in the Pen tentiary. The question of a miscarriage of justice ought to arouse an Interest, not an opposition of bitter and dogma tic opinion. That is the curious thing hout the reception of this investiga tion by some men and some The reception of the confession shows that. And yet the general irum of the confession was brought out when ir Tiiilard was conducting a hearing at the insane asylum. Conscience Tronble Slerks. Mr. Koscoe Hurst asked John why he made this confession ir it was u"i true. John responded that his con science troubled him. There Is an old saying tnai cun- dren and fools speak the trutn. ana this childish Intellect betrayed the motive, but when Mr. Hurst endeavored to follow the matter up, John could not explain why the motive ot a troubled conscience should impel him to confess to a deed wnicn laier declared he never did. Can anvthlng be more odvious mm. th. general truth of this confession of murdering Mrs. Wehrman and child? The 1 6th Annual Piano Exhibit at hast Is Ready at ' at I mm her LEAGUE DISCUSSED BILLS . . .i Measure for Women jurors niiu Others Considered by Civic Body. Th recular weekly meeting of the Oregon Civic League. Held at tne novui Multnomah yesterday, was in the form of a legislative conference. oeera measures to be submitted to the Legis lature were explained by their spon sors and were the suDjecia oi e,. iii-nlon. S. IS. Huston, a member ot tne leg islature, explained the provisions oi his bill giving the right to women to serve on juries. The bill places women on the same baals as men freeholders. .,..,, iht it does not make it a com pulsory duty. John u. coney, wumy tii . nomah County, explained the purposes of a proposed registration law. ms bill Is designed to simplify the pro cedure of registration. One provision is that an oath is all that is necessary to show that the voter is naturalized. Arthur M. Churchill supported the measure providing for more restriction in the circulation or petitions lor tne recall. The bill provides tnat a recall net it ion shall contain as high as 25 per cent of electorate. Safeguarding Drocedure in circulating initiative pe titions also ia provided for in hia bill. The meeting was presiaea over us John H. Stevenson, president of the league. PLEA MADE FOR PENDER Should Governor West Fall to Act, Successor Will Be Importuned. Should Governor West decline to act . i T . 1 1 . . A on the proposed paruuu iwi Pender, serving a sentence ot me im prisonment in the penitentiary tor urn Wehrman murders, as ne nas an nounced lie will let the matter be taken up by his successor. Governor Withycombe will be petitioned by Pen der's attorney for pardon. Attorney Cornish is nopetui mat Governor West, who has gone into the Pender case rather thoroughly and wh. I familiar with it. will issue a nnr.lon before he retires to private life. Should he iau 10 eio movm -vie i-nrnisn. tne iikiii ii " mun'a freedom Will go on. as his at orney says he ia satlsned or tne enure innocence of Pender.. LOTUS TO STAY IN 1916 Most KsiieiirUve Bar of City Will Serve Soft Drinks lo Women, Too. When Oregon becomes a dry state. on January 1. 1916. the Lotus. Portlands most expensive par. locatea on oiiiu treet. near Washington, win oe con- erted into a soft-drink estabiisnment. where women, as well as men. may satisfy their thirst. The present management win do re- ained and the $75,000 worth of luxu- lous mahogany and elaborate iixtures 111 remain. When tne Lotus patron enters the Lotus next year a woman alter will take his order, wnicn must be a soda, an iced drlna. mineral water or some other harmless and awful concoction. The bar will re main and women may order tneir drinks from the same posture their usbands formerly assumed. At Last It's Ready The 16 Annual Piano Exhibit Including Also the Latest Player Pianos, Baby Grands, and Larger Grands -at Eilers Music House, Eilers Bldg., Broadway at Alder HIGHWAY SUPPLY SUIT WON ercllot for $2173 Given Merrliaut Against Columbia Contractors. A verdict for J2175.93. the full amount of his bill, was awarded to H. McKieL a Clatskanie. Or., merchant, by a Jury in Circuit Judge McGinn's court yesterday in a suit against the Con solidated Contract Company, builders The great Manufacturers' Emergency and Surplus Sale, conducted by Messrs. Ellsworth, Barnes and Davey, came to a close last tveek. The record of this great sale will positively serve as assurance to every one who may have had occasion during the past number of months to entertain doubts as to the unquestioned stability of this community and its assuredly prosperous future. When Eilers Music House can point to its proud December record, when first payments on new business and sales for cash in this great Music House were greater than in any December heretofore, it must speak volumes for the underlying satisfactory conditions that make this record possible. THE NEW ERA IS HERE. With the close of 19J4 Portland and the great Northwest com mence an era of unquestionable progress and prosperity. The man "ers of Eilers Music House plainly foresaw the situation and entered upon a unique undertaking whereby they agreed to order from the manufacturers three pianos for every two instruments sold during the great sale that jnst closed. THE SELLING OF THE THREES NOW. - i These "threes" have been arriving in carloads and also in a historic shipment from the time-honored and oldest established American firm of piano makers, the internationally renowned Chickering, of Boston. When the steamship "Corazal" sailed from Boston via the Panama Canal to Portland, it carried, the largest and costliest shipment of Chickering Pianos ever leaving that historic city, all destined for the Eilers' houses. These beautiful Chickerings have arrived in Port land and they have been unboxed, inspected and are now placed on display and sale. A TRULY NOTEWORTHY EXHIBITION. We are tremendously proud of the conspicuous successes that have attended our former piano exhibitions, but greater preparations have been made for this event than any heretofore. Perhaps this is the main reason why the present piano exhibit greatly surpasses all its predecessors in both magnitude and magnificence. Every reader of The Oregonian,-and particularly every music lover, is most cordially invited to inspect these instruments. The sixteenth annual Piano, Player Piano and Baby Grand Ex hibit, at Eilers Music House. Every Instrument in This Exhibit a Premier a Masterpiece. American piano makers produce without question the finest of all fine pianos. Particularly is this so of the fine pianos manufactured during recent months. We unhesitatingly state that the superb col lection now opened at Eilers Music House will be found to embrace individually and collectively the most beautifully made, the finest toned, the most durable and the most correctly designed upright, pianos, modern 88-note, metal-tubed player pianos and baby grands and larger grand pianos. Xo such collection has ever been assembled under one roof. With out doubt the most artistic exhibit that it has ever been our good for tune to present or that we shall ever be able to present is now to be inspected and tested and compared. The most exacting taste cannot fail to be gratified here; the most cultured ear and most artistic judgment will surely find here its ideal. Pianos from New York as well as from Boston. The old reliable Marshall & Wendell, of Rochester, as well as the internationally famous Kimball, of Chicago, and Hie Haddorff and the nlways-do-pendable Smith & Barnes and dozens upon dozens of other makes are all included in the display commencing tomorrow morning, em bracing, as it does, the proudest achievements of the world's undis putably greatest and foremost piano makers. PIAXO EXHIBIT SIAHKS AX EPOCH. Thus the'mh annual piano exhibit at EUera 'Music House marks the epoch that denotes the return of prosperous conditions to our beloved West and inaugurates the new era of transcontinental freiaht service, made possible by the greatest engineering achievement of all times, the completion of the Canal at Panama. The saving: afforded by the Panama Canal route is very nearly R0 per cent in the freight charges. This advantage, under the well-known and so popular policy of Kilers Music House, i again given over to the retail buyer.' ' ' PLAYER PIANOS GALORK Beautiful bungalow player pianos in finest mahogany and beautiful Circassian walnut have Just arrived in time to participate In this great exhibit Also the genuine Autoplano player pianos and tho superb , player pianos de luxe. Kimball Acmelodic player pianos and tho old reliable Smith & Barnes, and Hoffmann player pianos and many other less expensive instruments, are all latest 8S-note metal-tubed human touch player pianos. Special: Every player piano is accompanied freo with a very liberal supply of music rolls and these music rolls may be exchanged for others for a mere so-called exchange fee of 4c, 8c or 12c, according to tho oris iual price of the roll. FOR WELL-TO-DO MUSIC LOVERS. In this sale will also be Included a number of tho truly wonderful Welte mignon, autographic player pianos, by means of which can hn ' reproduced the real and actual piano playing of the greatest master pianists, including such as Paderewski, Josef Hofmann, Busonl, Carreno and Myrtle Klvyn, and many others. A special discount of 30 per cent will be made, and at this low price we include $100 worth of genuine artist-mado musio rolls. SPECIAL! THE PIANOLA PIANO EIKG.IIX COlTKIl Sale of rebuilt pianola pianos commences next Wednesday. All the pianola pianos included in this sale are in first-class condition, though used. They contain all the much-advertised features of the pianola piano and have been rebuilt with adequate music roll tracking devices. In fact, they now contain the only really practical guiding device, with out which no modern 88-note player piano can be considered qualified to perform its functions. In tone quality these Weber, and Steck, and Wheelock and Stuyvesant pianola pianos will bo found tho equal of, if not the positive superior of any Instruments to be found In each re spective class, and now that they contain the rebuilt features. Includ ing metal tubing Instead of the precarious rubber tubing usually em ployed, they will be found the greatest money's worth of worth-while player pianos ever obtained. All nearly new and latest types will be discounted 40 per cent from the New York price, later and somewhat more used pianola pianos, but also in perfect order, hardly to be told from new, even by an expert, will be sold at a discount of '50 per cent, and still others at an actual 65 per cent off. Think of it J9G0 Pianola Pianos, playing the latest 88-note rolls, at actually 35c on the dollar, or only 1332.50. actually less than what the piano part of it alone cost to make, and with free music rolls included. Terms of payment, cash, or. If preferred, 33 equal monthly payments, at Eilers Music House. i Display and Sale of Truly Historic Pianos Sale of the Flrnt ('bickerings to Come Through the Panama Canal. Nearly five carloads, of pianos came on the steamer Carozal. on its last trip from Boston, all for Eilers Music House. Over half of these pianos are now on display in our Portland retail salesrooms. These are truly historic instruments. They mark a definite epoch in the progress of the Nation. We offer these pianos at an actual dis count of 16 2-3 per cent in order to sell them all during this exhibition and during January. Remember, these are genuine Chick erings, the Nation's finest and foremost makes. The most beautiful baby grands. the latest uprights, all included m this exhibition sale at a bona fide dis count of 16 2-3 per cent. Terms casn. or 33 equal mummy mc,.-. The wonderful Chickering artigrapnic of a long stretcn oi me "s way in Columbia County. The case has been on iriai neiru ten days, but it iuok. than two hours to rem a The bill was coniracieu i"r plies on the road. i ne aeie.. tained that the supplies were furnished to sub-contractors and that therefore tho contract company v.o It was shown tnat suo-conn.i w building sections of the road were let to Greek foremen, ana tnai mo yntc paid these sub-contractors was much less than the contractors. uitci- received. CASE OUSTED BY JUDGE Special Officer Ises indue Autnorr It j- In Getting Evidence Is Alleged. Declaring that Special Officer Bell, of the State Board oi rnarmaty, imu undue authority in getting evidence ainst Frank Kirkpatrica, a orusKmi. charsed with selling poisonous ui ufe without a prescription. District Judge Dayton Friday night threw the case out of court. " The evidence showed tnat a it-j ear- old girl had been lett to waicn me store while Kirkpatrick went out on business. She was told not to sell any- player pianos. Beautiful instruments, possessing a charm of tone quality unequaled. Instruments playable by hand or by means of the music rolls and also by a tiny electric motor per fection at last. Same discounts. This great exhibition, then, marks not only the epoch of better times, but also of better service and better in struments than ever heretofore. . SPECIAL See guaranteed brand new, human touch J750 player pianos, metal tubing, which we are offering for the unprece- dentedly low-price of 386. Terms, 2oi down and $12 a month, including tree music-roll service. v Brand new instruments just received,, made by a famous manufacturer uponi special order for well-known Paciric) Coast house which, for financial rea-, sons, was unable to take themj sold to us at our own price, hence this extraor dinary liberal offer. Any article purchased of Eilera MuhIc House Is sold on a definite, money-back guarantee. It must be found represented In every way or money Is cheerfully re funded. Any Instrument pur chased at this great exhibition and sale mtr be exchanged at any time within one year from date of purchase, we allowing all that has been paid toward payment of one of our 30 different high grade " makes. This exchange agreement may even be extended for an additional year. You im not make a mistake in buying a musical Instrument at Eilers Music Hduse. A child may pur chase as safely as can the shrewdest shopper. thing but candy or cigars. Bell told her he wanted some drugs ana uiai iie knew where to get them. He pointed them out and she handed them to him. For selling chloroform without a pre scription, F. G. Haas was fined $25. A charge against Mrs. Haas, who helps her husband operate the store, of be ing an unlicensed vendor of drugs, was dismissed. WOLFMAN IS FOUND GUILTY Member of Alleged "Arson Trust" Convicted of Perjury. . A. Wolfman was found guilty of per jury yesterday in judge Davis depart ment of Circuit Court, which reached a verdict after deliberating 10 minutes. Wolfman is alleged to have- been a member of the so-called "arson trust." and while on trial in Judge McGinn's court on a charge of arson last . Fall, he was accused of having sworn falsely. Wolfman was indicted on the charge of setting Are to his second-hand store at 227 V4 Burnside street and collecting $250 insurance. He also was accused of setting fires in two of his other stores. Wolfman asked for immunity if he would tell what he knew about-fires Commencing with this exhibition, Eilers Music House offers the latest 88-note "metal tubing, human-touch SPECIAL PLAYER PIANOS FOR RENT! player pianos for rent for $12 a month. These music rolls may ne cxmnna We supply $12 worth of music rolls upon our regular and liberal exchange free with every rented player piano. basis. Superb Pianos The Auto Piano Baby Grands .... . . a. -, tf'irnn ..... See and try Autopiano Baby Grands ! In tone quality and as baby grand pianos, each instrument represents per fection. All the exclusive and wonderful Autopiano fea tures, the flexible striking finger, the automatic guiding device, five-point motor, the selector button, etc., are all to be found in this Player Piano Baby Grand, and the price is not $1j0, nor nor even ,ti-, iu this sale these instruments will only 1m- !., with .$30 additional for slightly fancier cases, uml ()( tnnre for the very fanciest. The Kilers liberal pnymrnt plan applies to these superb little Autopiano ituby l.rnn.N as to all others. Hear and test that acme of Mvcet toned loveliness, the Autopiano Baby Grand. started br himself and by others. Im munity was allowed, for all fires ex cept one at Second and Couch streets, where a Japanese was burned to death. Wolfman Implicated 10 men, and told the details of six tires In Portland. . Later Wolfman would repudiate his confession, saying he was not bound by it and that he had employed attorneys. He was acquitted in Judge McGinn's court on an instructed verdict, the court ruling that it did not like the manner in which the confession had been obtained. Then the District At torney took up Wolfman's confession with the grand jury and an indictment for perjury followed. . Wolfman will be sentenced Tuesday. The penalty for the offense is from three to 10 years in the penitentiary. AUTO "BORROWER" TAKEN Ralph M. Jones, Paroled Once, In Clutches of Law Again. Ralph M. Jones, aged 21. who was paroled five months ago for "borrow ing" an automobile without the owner's permission, was arrested yesterday by Patrolman Bales in the act of driving away in an automobile stolen from Dr. Sandford Whiting. The machine was taken from in front of the Benson.Ho- tel Friday night and was found stand ing in front of the Medical building. on Park street, yesterday. Though a fake Washington license number was painted on tin on the front and rear of the machine. Patrol man Bales recognized the car from Its description and hid about the corner to wait for the thief. He had waited but a short while when Ralph Jones and a friend, Ralph C. Michael, en tered the automobile and started to drive away. Both were placed under arrest, but Michael was released later on his own recognizance by proving that he had not been with Jones the night previous, when the car had been stolen. A charge of larceny of an automobile has been made against Jones by Dep uty District Attorney Deicli. , SEASIDE BUILDERS ACTIVE Improvements in Streets and Sewers Mark I 914 as Record Year. SEASIDE, Or., Jan. 9. (Special.) During 1914 Seaside established an en viable record for progressiveness by laying a large amount of hard-surface streets, concrete sidewalks and con structing a comprehensive sewer sys tem on both sides of the Necanicum River. The new yenr nas oecn nrSn with an apparent Intention of surpass ing the 1914 record. The sawmill of the Trout y Lumber A Box Company began operations Mon day for a steady run on full time, and the box factory will he started In an other week on a run of orders that will take approximately 1.000,000 feet of lumber. Negotiations were completed Tuesday for tho erection of a $inn skating rink to replace the one that was burned down here last l'all. Work will be commenced on the building Im mediately as well as on a thr-e-tory brick and tile apartnicnt-houpe near the ocean front. Several leases for smaller hulldlnm rr:ntly have been siirm-d uiid work will be commenced on most of tlicm soon so that they will be ready for business during the Summer seni-on. The Seaside canneries. Incorporated, t completing a building and experts to have tho necettary machinery Installed within the net few weeks. Clanii. and fish will be handled. Peyton Itandoloh. recently of Vir ginia, has fitted up a lnre room in .i concrete building ior u K,-rent sto-e and is putting in his stork. People looking for locsti-.ns :jr M:n,mer hupl nesses are beginning io apm nr "tid the prospects for rin ucpl:ent yc.r aro particularly bright.